When an insurance company delays in paying a claim, there is likely a violation of the Texas Prompt Payment of Claims Act. As a result it is important to have a good understanding of how the Prompt Payment of Claims Act is interpreted by the Courts. The statute, at Section…
Repeating what was stated in the post immediate to this one, “It is important to understand how difficult claims that are governed by the Employee Retirement Income Security Act (ERISA) can be. The law in this area of law is very tough for claimants.” This is illustrated again in a…
The Employee Retirement Income Security Act (ERISA) is a confusing area of law for most people who have those type of policies and it is also confusing for attorneys. An opinion dealing with the time periods for filing a life insurance claim are discussed at length in a 2021 opinion…
Hail damage claims, like most claims are unique to themselves. Questions that have to be answered in favor of the homeowner include, 1) when did the damage occur, 2) is the damage real damage versus cosmetic damage, 3) was there any damage already existing on the roof, 4) is hail…
Here is a case from the Eastern District of Texas wherein the insureds did not show that the damages they received were the result of a covered damage. The case is styled, Tim Whatley and Sheila Whatley v. Great Lakes Insurance, SE and McClelland & Hine, Inc. In this case,…
Here is a somewhat lengthy opinion in a case involving the Employee Retirement Income Security Act (ERISA) and a disability claim. The opinion is from the Western District of Texas, Austin Division, and is styled, Jason Thomas Young v. Reliance Standard Life Insurance Company and Matrix Absence Management, Inc. Plaintiff,…
Life insurance lawyers run into situations where a person eventually recovers life insurance benefits they are entitled to receive. A common situation where this occurs is when a life insurance lawyer sends a notice letter to the insurance company letting the insurance company know that the claim has not been…
Claim Denial lawyers need to have a full understanding of the rules regarding the time periods for filing a lawsuit and how to avoid pitfalls in this area of the law. This is discussed in a Western District of Texas, Austin Division opinion styled, Kobra Dadfar and Esmail Roostaie v.…
Claim Denial Attorneys need to read this opinion from the Southern District of Texas, Houston Division. It is styled, Caramba, Inc. d/b/a Pueblo Viejo v. Nationwide Mutual Fire Insurance Company. This is a summary judgment case in favor of Nationwide. This insurance coverage dispute arises out of claim filed seeking…
This post is a continuation of Parts 1, 2, and 3, posted earlier. This case involves a life insurance policy claim denial that is governed by the Employee Retirement Income Security Act (ERISA). The opinion is from the Southern District of Texas, Houston Division, and is styled, Erica Talasek v.…